عقد بيع عن بُعد
DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been signed between the following parties within the framework of the following terms and conditions.
A.' BUYER' ; (hereinafter referred to as "BUYER" in the contract)
B.' SELLER' ; (hereinafter referred to as "SELLER" in the contract)
NAME- SURNAME: CDN INTERNET SERVICES LTD.
ADDRESS: University District. Sarıgül Sokak Teknokent A Blok No:39 Ground Floor Office:10 34320 Avcılar /İstanbul-TR
By accepting this contract, the BUYER accepts in advance that if he approves the order subject to the contract, he will be under the obligation to pay the order subject price and the additional fees specified such as shipping fee, tax, if any, and that he is informed about this issue.
2. DEFINITIONS
In the implementation and interpretation of this agreement, the following terms will express the written explanations against them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Distance Contracts Regulation (OG:27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than providing goods made or promised to be made for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf or account of the of the consumer,
BUYER: A real or legal person who acquires, uses or uses a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDER: A real or legal person who requests a good or service through the SELLER's website,
PARTIES: SELLER and BUYER,
AGREEMENT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods subject to shopping and software, sound, image and similar intangible goods prepared to be used in electronic environment.
3. Topic
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER has ordered electronically through the SELLER's website.
The prices listed and announced on the site are the sales price. Announced prices and promises are valid until the update is made and changed. The prices announced for a period of time are valid until the end of the specified period.
4. SELLER INFORMATION
Title: CDN INTERNET SERVICES LTD.
Address University District Sarıgül Sokak Teknokent A Blok No:39 Ground Floor Office:10 34320 Avcılar /İstanbul-TR
Eposta: info@cdn.com.tr
5. GENERAL PROVISIONS
5.1. The BUYER accepts, declares and undertakes that he reads the basic qualities of the product subject to the contract, the sales price and the preliminary information about the payment method and the delivery on the website of the SELLER, that he has information and that he has given the necessary confirmation in the electronic environment. The BUYER; Confirming the Pre-Information electronically, before the establishment of the distance sales contract, accepts, declares and undertakes that he/she has obtained the address to be given to the BUYER by the SELLER, the basic characteristics of the products ordered, the price of the products including taxes, the payment and delivery information correctly and completely.
5.2. Each product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's residential location, provided that it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
5.3. The SELLER accepts, declares and undertakes to deliver the product subject to the contract in complete, in accordance with the qualifications specified in the order, and with the warranty documents, user manuals, if any, information and documents required by the work, to perform the work within the principles of accuracy and honesty in accordance with the standards, to maintain and increase the quality of service, to show the necessary attention and care during the performance of the work, to act with prudiousness and foresight.
5.4. The SELLER can supply a different product of equal quality and price by informing the BUYER before the expiration of the contractual performance obligation and obtaining its approval.
5.5. If the fulfillment of the product or service subject to the order is impossible, the SELLER accepts, declares and undertakes that if the contract cannot fulfill its obligations, he will notify the consumer in writing within 3 days from the date he learns this situation, and that he will return the total price to the BUYER within a 14-day period.
5.6. The BUYER accepts, declares and undertakes that he will confirm this Agreement electronically for the delivery of the product subject to the Contract, and that if the price of the product subject to the contract is not paid for any reason and/or canceled in the bank records, the SELLER's obligation to deliver the product subject to the contract will end.
5.7. The BUYER accepts and undertakes that if the product price subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the buyer's credit card by unauthorized persons after the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER or the BUYER, the BUYER accepts and undertakes that he will return the product subject to the contract to the SELLER within 3 days, with the shipping expense of which belongs to the BUYER.
5.8. If the SELLER cannot deliver the product subject to the contract within the period due to force majeure situations such as the occurrence of force majeure situations that develop against the will of the parties, which are not foreseen and prevent and/or delay the parties from fulfilling their debts, it accepts, declares and undertakes that it will notify the BUYER. The BUYER also has the right to request the cancellation of the order from the SELLER, the replacement of the product subject to the contract, if any, with a precedent, and/or postpone the delivery time until the obstructive situation disappears. In case the order is canceled by the BUYER, the product amount is paid to him in cash and once within 14 days for the payments made by the BUYER in cash. In payments made by the BUYER with a credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares and undertakes that the average process regarding the amount returned by the Seller to the credit card being reflected to the BUYER's account by the bank may take 2 to 3 weeks, and since the case of this amount being reflected in the BUYER's accounts after the return to the bank is completely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
5.9. The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes through the address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form or later updated by him/her through the address, e-mail, SMS, phone call and other means of communication, marketing, notification and other purposes. By accepting this agreement, the BUYER accepts and declares that the SELLER can engage in the above-mentioned communication activities for him.
5.10. The BUYER will inspect the goods/services subject to the contract before receiving them; dents, broken, torn packaging, etc. will not receive the damaged and defective goods/services from the cargo company. The received goods/services will be considered undamaged and intact. The debt of careful protection of the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The original invoice must be returned.
5.11. If the buyer and the credit card holder used during the order are not the same person or if the security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to submit the identity and contact information about the credit card holder, the statement of the credit card used in the order for the previous month, or the letter from the cardholder's bank stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the receipt requests are not met within 24 hours, the SELLER has the right to cancel the order.
5.12. The BUYER declares and undertakes that the personal and other information he provides while becoming a member of the SELLER's website are in accordance with the truth, and that the SELLER will immediately, in cash and repeatedly compensate all damages that the SELLER will incur due to the untrue of this information, upon the first notification of the SELLER.
5.13. While using the website of the SELLER, the BUYER accepts and undertakes to comply with the provisions of the legal legislation and not to violate them. Otherwise, all legal and criminal obligations that may arise will bind the BUYER completely and exclusively.
5.14. BUYER cannot use the SELLER's website in any way that disrupts public order, is contrary to general morality, disturbing and harassing others, for an unlawful purpose, in a way that violates the material and moral rights of others. In addition, the member cannot perform activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
5.15. Through the website belonging to the SELLER, links can be given to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties. These links are put to the BUYER for the purpose of providing ease of orientation and do not support any website or the person who operates that site, and do not constitute any guarantee for the information contained in the linked website.
5.16. The member who violates one or more of the articles listed in this agreement is personally and legally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Also; Due to this violation, if the incident is transferred to the legal field, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.
6. RIGHT OF WITHDRAWAL
6.1. The BUYER; In the event that the distance contract is related to the sale of goods, he can use the right to withdraw from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to himself or the person/organization at the address he/shows, without assuming any legal and criminal responsibility and without giving any reason, provided that he informs the SELLER. In distance contracts related to service delivery, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal period, the right of withdrawal cannot be used in service contracts that start the performance of the service with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. However, the provisions of the 'cayma-cancel-return conditions' contract, which is an integral part of this contract, are reserved. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.
6.2. In order to exercise the right of withdrawal, it is necessary to make a written notification to the SELLER by registered mail, fax or e-mail with return within a period of 14 (fourteen) days and that the product must not be used within the framework of the provisions of "Products That Cannot Be Used for Right of Withdrawal" issued in this contract. In case of exercise of this right,
A) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Order returns issued on behalf of the institutions will not be completed unless the RETURN INVOICE is issued.)
b) Return form,
C) The products to be returned must be delivered completely and undamaged with the box, packaging, standard accessories, if any.
D) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification to the BUYER and to receive a refund of the goods within 20 days.
E) If there is a decrease in the value of the goods due to the fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages at the rate of the defect. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or product during the right of withdrawal.
F) If the campaign is reduced below the limit amount issued by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
7. PRODUCTS THAT CANNOT BE USED FOR THE RIGHT OF WITHDRAWAL
Products prepared in line with the request of the BUYER or clearly personal needs and not available to be sent back, single-use products, goods that are in danger of rapid deterioration or likely to expire, products that are not suitable in terms of health and hygiene to be returned by the BUYER if the packaging is opened after being delivered to the BUYER, products that are mixed with other products after delivery and cannot be separated by nature, goods related to periodicals such as newspapers and magazines, except those provided within the scope of the subscription agreement, services performed instantly in electronic environment or intangible goods that are instantly delivered to the consumer, and audio or video records, books, digital content, software programs, data recording and data It is not possible to return storage devices, computer consumables, if the packaging is opened by the BUYER, by the Regulation. In addition, it is not possible to use the right of withdrawal regarding the services started with the approval of the consumer before the expiry of the right of withdrawal period.
In order for the products to be returned, their packaging must be unopened, tried, intact and unused.
8. DEFAULT STATE AND LEGAL RESULTS
The BUYER accepts, declares and undertakes that if he defaults in the case of making the payment transactions by credit card, he will pay interest within the framework of the credit card contract between him and the cardholder bank and that he will be responsible to the bank. In this case, the relevant bank may apply for legal remedies; It can claim the costs and attorney's fee from the BUYER, and in all circumstances, in the event that the BUYER defaults due to his debt, the BUYER accepts, declares and undertakes that he will pay the damages and loss suffered by the SELLER due to the delayed performance of the debt.
9. AUTHORIZED COURT
Complaints and objections in disputes arising from this contract will be made to the arbitral tribunal or the consumer court of consumer problems in the place where the consumer's settlement is located or the consumer transaction is made within the monetary limits specified in the following law. The following is the information regarding the monetary limit:
Effective as of 01.01.2015:
A) Upper monetary limit for district consumer arbitration committees, 2,200 Turkish Liras,
B) The monetary limit for the provincial consumer arbitration committees in the provinces with the status of a metropolitan, between 2,200 Turkish Liras and 3,300 Turkish Liras,
C) Upper monetary limit for provincial consumer arbitration committees in the centers of provinces that do not have metropolitan status, 3,300 Turkish Liras,
ç) The monetary limit for the provincial consumer arbitration committees in the districts of the provinces that do not have metropolitan status has been determined as between 2,200 Turkish Liras and 3,300 Turkish Liras.
This Agreement is made for commercial purposes.
10. EFFECTIVENESS
When the BUYER makes the payment for the order he has placed on the Site, it is deemed to have accepted all the terms of this agreement. Before the execution of the order, the SELLER is obliged to make the necessary software arrangements to receive confirmation that this contract has been read and accepted by the BUYER on the site.
RELATED TO CUSTOMERS / CONSUMERS
LIGHTING TEXT
CDN.com.tr takes all kinds of technical and legal measures in accordance with the Law on the Protection of Personal Data No. 6698 ("KVKK") in the processing of your personal data due to the activities it carries out. Relevant persons can access detailed information about the processing of their personal data, transferring them to third parties, the legal reasons for collecting personal data and the rights in the KVKK from the clarification text below.
IDENTITY OF THE DATA RESPONSIBLE
Within the scope of the Law on the Protection of Personal Data No. 6698 ("KVKK"), our Company acts as the data controller of CDN.com.tr.
Internet Address: www.cdn.com.tr
Phone Number: 0(21)446 46 05
E-Mail Address: info@cdn.com.tr
Address: University District. Sarıgül Sokak Teknokent A Blok No:39 Ground Floor Office:10 34320 Avcılar /İstanbul-TR